THE OMAHA DAILY BEE: THrHSDAV, NOVEMBEH 7. 1001.
it
IN FAVOR OF STANDARD OIL
EeftriH In SUte'i Cms Uidtr Ait.-Truit
Law Ate Afaint Nebraska.
AMOUNTS TO DISMISSAL IN THE COURT
Willlnm IthrM Apiiitt from Nrntenee
for MurclrrlnK llrnnnii Znlin
Opinion AkhIiikI Krnuilnlrnt
Inirstnirut otnpnnles.
(From a. Staff Correspondent.)
LINCOLN, Nov. 6, (Special Telegram.)
IWerccB A. S. Tlbbetts of Lincoln and
A, C. Wright o( Omaha have submitted a
report to the supreme court recommending
the dismissal of tho case of th.) State
against the Standard 0,ll company. This
action Is the one Instituted under the anti
trust law by former Attorney (iencral
Smyth, The referees were appointed by
the court over a year .ago and .they have
since had the case under consideration for
findings both ns to law nnd facts, Tho
principal evidence offered by the stale was
In the form of an nfndnvlt by C. J. Smyth,
In which allegations were made concern
ing the contents of the defendant com
pany's books nnd records. TJie referee
refused to accept this affidavit as evidence,
,An Hpproval by tho court of the referees'
report will amount to a dismissal of the
case. The court will consider tho matter
nt tomorrow morning's Hussion.
ltr-iort of (lie llcferrrs.
The report of the referees was submitted
to the court late this afternoon and Is ns
follows:
To the Honorable, the Supreme court of
the State of Nebraska: In pursuance of
an order made In the above entitled action
on the !tb iluy of June, I9, by which the
nbove entitled cause whh referred to the
undersigned as referee, to henr nnd de
termine the same, we do hereby respect
fully report that In nccorilniien with said
order C. C. Wright took unci llled the "nth
of referee on .Iun' 22, 10"". and A. 8. Tib
belts took and llled the oath as rofcreo
August 2. 1D'I, and, . ,
!'lrnt Thtit mid. , notice to counsel of the
respective parties, wo met by appointment
nt Omahn, Ne!., on September 9, ltw. to
proceed to the hearing of said cause, Ppoti
motion of attorneys for plaintiff c ap
pointed (leorge V. Corcornn to 'like and
report the evidence and prueiVillnBH In
said ense nnd that we entered upon the
hearing and trial and Issues of said case
nnd adjourned from time to time to meet
nt Omaha or Lincoln ns was convenient to
said counsel, anil that the said cause was
fltmllv submitted to us at Lincoln October
.lit 1M1.
Second And more fully reporting our
proceedings, wo do hereby report that on
the 101 li day ot September. 1, after pro
eecdliiK with the taking of oral testimony,
the honorable attorney general of the state
of Nebraska tiled n petition for the pro
duction of certain books and upon the same
being fully argued, upon said day and the
siibacmicnt day, and submitted to us, the
following order was made and entered:
Order Is Dented.
"Tho referees state In their Judgment
that this Is not a proceeding" In a trial of
the ease and that tho referees have no
power to make the order prayed for In the
petition, nnd the order Is therefore denied,
to which order the plaintiff then and there
rtulv accepted. The said petition Is here
with returned to this court, marked Kx
lilldt A, nnd found In tiles of court."
That afterward In tho heurlng of this
cause the defendants on the 2Sth day of
June, 1901. upon the presentation of the
deposition of George Illce to us, tiled the
objections or exceptions to the pretended
deposition of Ocorgo Illce, which said ob
jections are marked Kxhthlt II and re
turned herewith, and the same was pre
sented to the referees orally and upon
briefs, and that wo then overruled tho said
motions and objections with leave to
further present the matter If It should be
desired and that thereupon the deposition
was offered In evidence and lean to us, and
that thereafter the defendant's counsel
orally renewed their motion to exclude
their deposition of Oeorge nice for the
teason stated In said objections, and the
riuno upon being fully argued and sub
mitted upon 4rlefu nnd being. fully consid
ered by iij. wo sustain said motion and
madn nnd tiled nn opinion nnd order, the
same being lCxhlblt t. which Is herewith
returned, to which ruling the plaintiff
duly excepted.
lOfTort In (let I lie Hunks.
And upon the hearing of said cause we
further report that upon the offer of the
ntlldavlt of r. J, Smyth, upon which fhe
order of the court had been obtained di
recting the production of certain books and
papers ny thj itefenilant company, the Uo.
fcndr.nt objected to tho Introduction of nld
atlldnvlt, for the reason that the affidavit
docs not give tho contents of the books
and papers mentioned and h"cnuso the
affidavit was not verified positive v. but
was shown to he upon Information nnd
belief, without stating tho grounds of the
belief, or the source of the Information,
and because It was Incompetent, Irrelevant
and Immaterial and not tho best evidence.
And tho said objection was argued orally
and upon briefs before us nnd after the
consideration thereof wo did sustain tho
said objections and tiled n memorandum
opinion, which Is marked exhibit D and
hereto attached, nnd to which ruling the
plaintiff at the time excepted.
The plaintiff elected to stand upon the
niucinvii oireieu -.urn upon hip ottered ticixv
sltlon of Oeorue nice and thereafter the
cause was fully submitted to us upon the
Pleadings and the evidence of the plaintiff
nnd Hflcr hearliik and considering the pan e
we do Hud tho following fncts: That tho
evidence docs not sustain the allegations
or mo pininiin s petition,
And ns a conclusion of law we do find
that the plaintiff Is not entitled to the
relief demanded and the defendant Is en
titled to a Judgment of dismissal In Its
fayor, to which finding of fact anil conclu
sion or law tne piaiiitltT duly excepted.
A. 8. TII1HKTTS.
C. C, WlllOHT.
November f, lfini. Ileferee:
Sliitrnicnt of i;iiene.
Attached to the report Is tho statement:
In reporting thn said case to this honor
nhlo body we show to the court that wo
have consumed In the hearing of wild cnu?n
and considerations of the various motions
and of the evidence forty days nplece and
that In order to nttend the meetings to
suit the convenience of counsel we hnve
expended costs ns follows:
A. K. Tlbbetts. J1S.7S: V. C. Wright. 575,
And that tho expenses of the stenographer,
neorpe r. i orcoron. in taxing and tran
scribing the evidence Is the sum of tton TO.
his bill therefor belnc herewith returned.
And that the costs havo been advanced to
earn or tne said rererees ny me plaintiff.
Tho caso of William Ithea. who was con
vlctod of murdering Herman Znhn near' Fro
monf, was argued and submitted to the
supreme cnurl this nfternoon. Technical
errors are relied upon for a reversal of tho
Judgment
of tho district court In Dodgo
county.
More Nchnol
Funds IllvcMnt,
Treasurer Stuefer today purchased $9,000
of Douglas county refunding bonds. This
Investment reduces tho uninvested balance
of educational funds to $81,000.
Shuts Out Co-Orcrnli vr Conipnnv
An opinion was delivered from the at
torney general's office this afternoon In
which It 1b held that the Homo Co-opera
tive rompany of Kansas City can have no
authority to do business In Nebraska. An
application for a license under the bulldlnt
and loan asfoclntlon act was made recently
to Sccrctnry Iloyje of the State Hanking
board and becnuso of tho questionable na
ture ui me runiract which tne company
propojes to lrauo the attornoy general was
nslicd for an official ruling as to whether It
could bo classed as a bitllilltr and luau as
sociations Since that reference another
company has attempted to transact litt.it-
ncss of i similar nature In this- state. Tho
opinion delivered, which was prepared djy
AEEl3tniit Attorney flcnoral Rose, treats of
quc9t!omih!n Investment companies n a
class and In the particular case cited It Is
recommended that the application be not
granted. It Is estimated that many thorn.
and dollntn havo' been Invested In these
comp.wil 's within the Inst year or two. Sec
retary Itoytio luu hnd hid' attention called
to two that attempted to violate tho law
nn.l It lu llillmnfm! thfif fillll nlh.ifB Vifl
. ' . .',
i'r.( of Hie Opinion,
Following Is th? opinion In part;
The Home Co-operative compnny claims
immunity (rout tuo laws unuer wiucn uuiu-
In and loan associations are regulated In
this stnte. and base, such claim on the as
sumption that Its purpose do-s not come
within the purview or our statutes, nnd
that the Nebraska statute applies alone to
corporations and not to copartnerships In
Its circular the Home Co-operative com
pany, under tho picture of a imintlal resi
dence, announces its purpose ns follows;
"The Home Co-operative company will
furnish you the money to" pay off your
mortgage or buy n home In any locality
nnd glvo yen sixteen years anil eight
months to pay It back at the rale of $.i,3S
per month without Interest The purpose
of this agreement Is to enable the party
of the second part to enable a home nnd
the use thereof, by making small payments
In Installments, ny co-operating with oth
ers who contract likewise, and to that end.'
The purpose thus disclosed by the circu
lar nnd the contract is one of the purposes
of a building and loan association within
the meaning of the laws of this state, and
a foreign concern organized for stieh a pur
pose Is amenable to our laws when It at
tempts to do business here, ns an examina
tion of the Matlltes will show.
The statutes speak for themselves and
make It perfectly clear that they apply to
all foreign concerns attempting to transact
In this state "business In a form and char
acter similar" to that authorized to be done
by rcctlnn 1 of the act. Tho statutes make
It eoually clear that It Is Immaterial
whether such a concern Is a corporation,
a company or an association, The legisla
ture framed the law so as to prevent cvn
lon of Its provisions by subterfuge In
name, organization or method of doing
business, and required foreign concerns
like the Home Co-operative company to
submit to the Jurisdiction of the State
Hanking Itonrd before attempting to do
business In this state.
Having reached the conclusion that the
Home Co-operative company cannot law
fully do business In this state without au
thority from the State Hanking Hoard, the
Miicstlon nrlsesi Should such authority be
granted? ,
I'lnii Outlined Is it t, otter)-.
After describing the company's plan of
operation tho opinion continues:
According to my understanding of the
law a concern based on the. plan outlined Is
a lottery nnd a fraud. Contracts contain
ing the elements described are gambling
contracts and are therefore fraudulent,
contrnry to public policy and unlawful. I
am llrmly convinced that the conclusion
reached Is Justllled by the rulings of the
courtH of this country. Tho Homo Co
operative company contends that It Is pro
tected by the federal constitution In Its
right to make contrncts In this sate. If I
am correct In my opinion as to the charac
ter of the contracts Issued by that firm Its
contention Is Inapplicable. Neither the
federal constitution nor any other law nu
thorues persons or companies to enter Into
or solicit contracts which "are fraudulent,
contrary to puiuic policy ami uniawrui.
Fraudulent associations without capital
lire busy sending out their ngen,s to solicit
contracts of Investment, maturing at In
definite times In the future, requiring pay-'
ments or installments nt stated periods
and making profits on Investments de
pendent upon new business and lapses,
These bogus concerns Introduce themselves
with hluh-souudlng names and go about
In the hnblllmeuts of legitimate enterprise,
They have recently multiplied to an extent
t hat Is almost Incredible. Their ugetits
'nave been In nearly every part of the state
and If they are permitted to proceed In
calculable Injury will result. Such unlawful
concerns encourage lotteries and gamming.
They rob legltlmnto lite lnstirnnce com-
panics of thn fruits or cntutni. experience
and enterprise. They divert money from
savings hanks and other conservative In
stitutions which are the growth of the wis
dom und business Integrity of ages. They
taie witii uniiiscriminatiug rapacity tun
mite of the widow, tho small earnings of
the crlonln nnd the little sums accumulated
by toll and privation In active life, for the
protection of palsied old age nnd consign
nil theso funds to the hazards of chance
and fraud. I am or the opinion that the
State Hanking Hoard should not grnnt to
the Home Co-operative company authority
to do business In this state.
Governor Shsw Conarnt alntrs.
Ths following from Governor Shaw of
Iowa Is ono of the many congratulatory
messages received by republicans In this
city today:
DES MOINES. Nov. C.-Hon. K. P, Sav
age, Governor of rseuraska, Lincoln: Tho
republican victory in Nebraska Is of nn
tlonal significance and Is an Indorsement
of your administration. I congratulate
you. LESLIE M. SHAW.
ELK CREEK OLD FOLK DINNER
Mm. Mnry G'ndj- KnOrtnlti Twrntr
Friends. All nt Lennt Misty
Five Years of Aiie.
ELK CREEK. Neb., Sow 6. (Special.)
Today being Mrs. Cody's 78th birthday, her
daughter-in-law, Mrs. Z. T. Cody, pre
pared a dinner and Invited a number of the
oldest residents of the community to corao
and spend the day with her. Those present
and tholr ages, were: Mrs. Nancy Sheldon,
Mrs. E. E. Dickcrson, 67; Mrs. Mary
TlbhctH, 73; Mrs. Mary Ogden, 70; Mrs.
Deborah Lawrence, 66; Mrs. Jane Simmons,
"6; Mrs. Julia Lawrence, fill; John Dufnck,
81; Androw Phclcn, 86; Mrs, Herllnza I'ho-
len, 75; Mrs. Mary Cody, 7S; Thomas Hob-
Inson, 77; Mrs. Eliza Brlttnln, 77; G. C.
HrlttHin. 80; Mrs. Catherine Krouse, 70;
John Krouse, 69; Victor Tracy, 09; Mrs.
Martha Tracy, 66; Mrs. Sarah llcrry, 65;
F. II. Hutler, 79. A number of others, some
of them older than any present, were In
vited but were unablo to come.
PltelifnrU
Wnnnri Proves Fntnl.
Neb., Nov. 6. (Special Tel
FRANKLIN,
cgram.) Jack Smith, who was badly hurt a
week ago Tuesday by Jumping off a load of
hay onto a pitchfork, the handle of which
entered his body ten Inches, died last night
from tho effects of tho Injury. His suffering
has been Intense for the eight days since
the accident and on account of the condition
of the body It was necessary to bury blm
today.
West Point Hunkers nest.
WEST POINT, Neb.. Nov. 6. (Special.)-
Snow fell yesterday and remains partially
on tho ground. The weather is cold and
raw and Indications point to a further down
fall of snow. Tho wet weather has al
most put n stop to cornhusklng and Is detrl
mental to the drying out of the corn already
husked.
Vrntn Womnii llnrt In llnnswaj,
TECUMSEH. Neb., Nov. 6. (Special Tel-
egrnm.) In a runaway here today Mrs,
Maggie Hotallng. who lives near Vesta, was
thrown violently from her carriage and her
left arm was broken In two places.
Astounding Discovery.
From Coopersvllle. Mich., comes word of
a wonderful discovery of a pleasant tasting
liquid that when used before retiring by any
one troubled with a had rough always en
sures n good night's rest. "It will soon
euro tho cough, too," writes Mrs. S. Hlmel
burgor. "For three generations our
family has used Dr. King's Now Discovery
for Consumption and never found its equal
for Coughs and Colds." It's an unrivaled
life savor when used for desperate, lung
diseases. Guaranteed bottles, 50c and $1 at
Kuhn Co,'. Trial bottles free.
'F.NSIONS FOH WI'.m KHX VKTKIl.WS.
Wir Survivors
Ileiuenilirreil
(iivr rnmeiit.
Iir tho
Ornernl
WASHINGTON, Nov. 6. (Special.) The
following western pensions have been
granted:
Issue of octoner iv ...... .
v..i.,ni(n Oiiuiniil Franklin Overmler.
llelvldere, 6; John Youngauest, Aurora. M.
Increase. rcsioraiiou. it-iur, -n-. ,ia
don, $10. , ... ,, ,
Iowa: Original-John ns&on, Columbus
City. $S; Thomn-i F. Elliott, Preton, $;
war Willi Hpnin. i uiioru i-. mutriihiin. I et
Moines. $S. Increase, restoration, reissue,
etc Alva H. Jnrvis, Wiiverly. $S; Hanford
M. Vnsseller. Plalntleld. $10. Original
widows, etc. Special October 21, Flora I.,
Allemnn. Hoone, JS: speclnl accrued Octo
ber. l. Ida Smith. Siibley, $S.
, South Dakota: Original Azr" M. Bowies,
Kimball. $8. ,
Colorado: Original I'fford Bradley,
Pocldiv SC. Orlclnnt widows, etc. Knerlnl
accrued Octoher SI, Sarah Noffslnger, Monte
i.VIStll. IS,
Montana
Ortglnal-KdBon S. Wells.
Butte.
If It's "fiurlnnrt"
That's all you need to know about
tove or range.
flreeuneiil. SienuiK. i jonii f.n. iuiey.
tlO; William F. Allen. Columbus, $12; John
W. Sexton, Ornnd Island, 12. original
widows, e.te.T-MlnorH of Jumes Clark, Wr-
DEFENSE IN SCHLEY CASE
Cosnitl Etjner DtliTtri an Eloquent Plea
in Admiral's Behalf.
CLASH OCCURS WITH JUDGE ADVOCATE
tllffrrrnoe U I'esvrnhly Adjusted.
Ilnnetrr, nil d Hnjiier's Argiiment
Proceeds In ThrlllliiK
I'crnrnllnn.
(Cotitlnued from First Page.)
among other things: "His vision was a
divine Inspiration. Sextants and stadlme
ters, compass bearings, government meas
urements and hydrographlc plats were all
dim and obscure In comparison with the
miraculous power of his unaided vision,
which lit up and Illuminated tho cntlro
harbors of Clenfuegos and Santiago with
the unerring precision of tho morning sun
beams." iv Itayner contended mat more was nu
ground for censure In connection with Ad
miral Schley's conduct In the nffalr of May
31. He said he had done no more than to
exercise the discretion allowed to a com-mandcr-ln-chlef
under such circumstances.
Reverting to tho blockade of Clcnfuegoa
Mr. Rayner said Captain McCalla had ad
mitted on the stand himself that he had
disobeyed orders In not leaving Laglo off
that port when ho left for Key West. Ho
did not. he said, mean to criticise Captain
McCalla. but If ho was not to be censured
for disobedience of orders, why, he asked,
should Admiral Schley be?
Mr. Ravncr then came to specification
No. 8. relating to the alleged withdrawal
of the Hying squadron from off Santiago
at night. The evidence had shown, ho
said, that there wns nothing In that charge.
In this connection, he said. Captain Harber
was the only witness who had testified that
the Santiago blocknde was not n success.
Had I reflected for a moment," he con
tinned, "that Captain Harber had Just ar
rived from the gay festivities or a con
tlnental capital, I would havo treated him
with far ercater deference. 1 would havo
modeled my style according to thi man
ners of the best Parisian society and would
havo greeted him with the foreign accent
and graceful gestures that are due to any
ono who hns been suddenly transferred
from tho deck of nn American ship to tho
elegant and fashlonnblc circles of European
dlolomacy."
The court at this Dolnt took us usual
recess for luncheon.
llronklrn'B Loop Kxplnlneri.
After tho recess Mr. Rayner discussed tho
ninth specification, which dealt with the
loop of Brooklyn on July 3 aud tho possp
blllty of colliding with Texas.
Mr. Rayner said he stood upon the test!
mony of Captain Cook, who, all things taken
together, had tho best opportunity to glvo
all the Information about tho loop. What
might have happened had Brooklyn turned
to port was purely a matter of conjecture.
The turn In tho other direction was com
pletely successful
It was Intimated that the turn to tho
south would have been to get away from
the enemy, yet It was an Indisputable fact
that tho turn had brought Brooklyn so
close to the Spanish fleet and that It re
cetved thirty of tho forty-three shots which
struck the American ships. Captoln Cook's
testimony, ho said. Illumined this maneuver
and he planted himself upon this testimony
Mr. Rayner then discussed tho testimony
of Hellnor and Hodgson, and In this con
noctlon ridiculed the chart prepared by the
navigators of the ships In the battle.
In his evidence, said Mr. Rayner, Lieu
tenant Commander Ilellner said Drooklyn
passed across the bows of Texas less than
150 yards away, while on the chart which
he helped prepare tho distance between
tho two ships Is given ns 2,400 feet.
Whether tho engines of Texas were stopped
of backed, Mr. Rayner Hald, mattered little.
This whole controversy about the loop
seemed to have started to prove that Rrook
lyn ran away. When this failed nn attempt
was madn to drag In tho alleged danger to
Texas. Tho testimony of Captain Cook, he
declared, exploded both. Counsel on tho
other side, he said, would have to argue
that Captain Cook's testimony could not
be relied upon or abandon tho specification
about the loop and the danger of colliding
with Texas.
Mr. Rayner then took up specification
No. 10, concerning the Hodgson controversy.
He said be would not undertake the task
of extricating Lieutenant Commander
Hodgson from his predicament. He read
portions of Hodgson's testimony and again
fell bark upon Captain Cook's testimony as
decisive of thn point.
Conk Sees .o Dnniirr.
"Captain Cook had said," said Mr. Ray
ner, "that the danger of collision had novcr
entered his head."
Referring to this testimony he said: "You
cannot impeach him. If I had had my way
I must say I think I would have rested
this case when Captain Cook's testimony
was done. I did not do so because the ad
miral wanted to take the stand lu his own
vindication."
No one, he said, had intended to attack
Lieutenant Commander Hodgson, but tho
entire controversy was Hodgson's own fault.
"There has been too much magazine dis
cussion and too much gossip," he said,
"Imnglno such a conversation between tho
commanding officer of a great fleet and a
subordinate officer at such a time. Even
If the commodore
modoro had said, 'D n tho
tlnued Mr. Rayner, "It would
Texas,' " con
not have been suh a serious matter, as It
could not have been meant seriously.
"Thero are a hundred Idle charges," he
continued, "that you could bring against
Admlrnl Schley, or any one else, If you
ransack and pillage our careers. Upon
this specification, I dcslro to say, the wholo
controversy had passed Into history long
beforo the spr clflcatlou was framed; that
both of the parties to It were satisfied:
that the honor of tho navy Is not In tho
slightest degree Involved and the unblem
ished honor of Admiral Schley not sullied
In a single place."
Mr. Wood and Mr. Potts.
Mr. Rnyncr then took up tho first specifi
cation Admiral Schley's conduct during
the campaign. "Now, we come to Mr.
Wood nnd Mr. Potts," ho began. "Mr.
Potts and Mr. Wood, Mr. Wood and Mr,
Potts. (Laughter In the court.)
After reading tho testimony of soveral
officers as to the splendid bearing of Ad
mlrnl Schley, Mr, Rayner read tho testi
mony of Mr. I'otts to the effect that tho
admiral appeared nervous, that he "got up
and sat down."
"Lieutenant Potts." went on Mr. Rayner,
"has covered himself with renown. HU
name will echo through the ages of un
dying fame. When Manila Bhall be forgot
ten nnd Santiago will be burled In oblivion
the name of Potts shall live. Whcnover
an admiral or n commodore or a captain
Is engaged In the carnage of mortal con
flict, bewaro of Ports. Beware uf your
looks. Be careful how you walk. II o caro
ful bow you sit down. Do reserved and
retlceut In your speech."
At this pqlnt Captain Lemly protested
against Mr. Ruyncr's strictures of Lieu
tenant Commander I'otts and his protest lod
to a dramatic scene In tho courtroom.
Itnyner Called tn tinier.
"Mr. President," said Captain Lemly, "l
think counsel asked to be Interrupted If he
did not abide by the facts. Now be Is sot
abiding by the facts. Lieutenant Com
mander Potts has never said that he wa
always scared when he was In battle. II
Is traducing the reputation of an officer
who Is well known to you, an officer of
ability. He Is not abiding by tho facts.
"Many Instances have occurred In which
counsel has absolutely misstated tho evi
dence nnd I think he should be compelled
to abide absolutely by tho facts, particu
larly when he Is attempting to traduce- the
reputation of an officer. He has no right
to speak In this manner of an officer who
Is above any such assault."
Mr. Rayner And you have no right to
traduce the reputation of Admlr.U Schley. I
shall traduce the reputation of any person
whom I think has not established his repu
tation. You said I have made a remark
that he said he was scared.
Captain Lemly There again ho Is Inac
curate and Is not stating the fact.
Mr. Rayner I thought my brother had
abandoned these tempestuous rages. If I
made a misstatement und ho had spoken to
me about It quietly I would have taken It
back.
Mr. Rayner then read from the evidence
of Mr. Potts to prove his statement about
the latter being scared.
"How does that suit you:" he nBked.
"It does not suit," Captain lmly an
swered. "I still say It is incorrectly
stated, and may the court please, I do not
think that counsel should say that this is
an ntterapt to traduce Admiral Schley. I
am here not because I wanted to be, but
because It was my duty. I was ordered to
come, and I think it was unjust mm
shows how utterly unreliable ho Is In his
statements."
Mr. Rayner I do not think the court will
permit, you must not make a statement of
that sort, I will not permit It.
Admiral Dewey No.
Insult Is IteturiiP".
Mr. Rayner He Is not only unreliable,
but vory offensive.
Captain Lemly Counsel gets up and says
that we are, In tho discharge of a must
painful duty, trying to traduce Admiral
Schley.
Mr. Rayner I have borno witling testi
mony to the Impartiality with which ho has
tried his ease and tho delicate position
ho occupies. Hut I do nslt my brother not
to get up and contradict mo nnd say that
I am unrellablo when 1 read tho testimony
that sustains me. I appreciate the position
he U In. He has filled that position as well
and faithfully as It would possibly be filled
by any one, I have not said n word In
criticism of his conduct. It Is only when
ho refers to my traducing an officer that I
huvo the same right to refer to his traduc
ing Admiral Schley.
Admiral Dewey The court, of course,
will rend all tho testimony that has been
given. We will bo governed by tho testi
mony. Wo know exactly what Lieutenant
Commander Potts said. He said ho was
scared, but counsel djd enlarge a little
on It.
Mr. Rayner Yes, I probably did enlarge.
Captain Lemly And that said, I am sorry
I made tho remark.
Admiral Dewey It Is only ono day more
and I think we ought to get along peace
fully. Conclusion of AtMress.
Mr. Rayner closed as follows:
"I now have briefly presented this caso
as it appears to me In Its general outline.
Such a trial ns this has never to my
knowledge taken place In the history of the
world. It seemed to my mind that this cneo
had hardly opened with the testimony of
Captain Hlgglnson beforo It commenced to
totter, and from day to day Its visionary
fahrlc dissolved from view. When Captain
Cook, their last witness., was put upon tho
stand the entire structure collapsed and
now, when the witnesses from our own
ships and tho gallant captain and crew of
Oregon and Admiral Schley have nar
roted.thelr unvarnished tale, the whole ten
ement, with all of Its compartments, from
its foundation to Its turret, haB dlslnte
grated and lies here like a mass of black
ened ruins.
"It has taken three years to reveal the
truth. There Is not a single word that has
fallen from the tongue of a single witness,
friend or foe, that casts the shadow of n re
flection upon tho honored name of the hero
of Santiago.
"Ho has never claimed the glory of that
day. No word to this effect has ever gone
forth from him to tho American people.
The valiant Cook, the heroic Charles, tho
lamented Philip, the undaunted Wnln
wrlght. and all the other captains and every
man at every gun nnd every soul on board
of every ship are equal participants with
Admiral Schley In the honor wrought upon
that Immortal day.
"We cannot strike down his figure stand
ing upon tho bridge of Drooklyn. There
he slnnds upon the bridge of Ilrooklyii, his
ship almofct alone, receiving the entire fire
of the Spanish foe, until Oregon, ns If upon
the wings of lightning, sped .Into the thick
ness of this mortal carnage. 'Gotl bless
Orogon' waB tho cheer that rang from deck
to deck, nnd on they went, twin brothers
In tho chase, until tho leo gun was fired
from Cristobal Colon and tho despotic
colors of Spain were swept from the face
of Its nnclent possessions.
Comninniler I'rnlsen Ills Men.
" 'Well done: congratulnto you on the
victory," wos tho streamer that was bent
from tho halyard ot Rrooklyn. and from
that day to this no man hns even heard
from Admiral Schley tho slightest whisper
or Intimation that he usurped tho glory of
that Imperishable hour.
"The thunders of Brooklyn as It trembled
on tho waves have been discordant muslo
t the ears of envious foes, but they havo
pierced with n ringing melody tho ears
of his countrymen and struck n responsive
chord at the fireside of every American
home. And, what Is more than, all which
has been revealed In this case, as match
less as Is his courago and as, unsullied ivi
Is his honor, Is his beautiful character nnd
tho generous spirit that animates his soul
and the forgiving heart that beats within
his bosom. Yes, we ennnot strlkn him
down. Erect he stands as the McGregor
when his step was on his native heather
nnd his eye was on tho peak of Ben
Lomond. Ills country does not wnnt to
strike him down, nor cast a blur on the
pure escutcheon of his honored ntimi'.
' "For three long years ho has suffered
and now, thank God, tho hour of his vin
dication has como. With composure, with
resignation, with supremo nnd unfaltering
fortitude, ho awaits the Judgment of tills
i
RISING
BREAST
No woman who uses "Mother's Friend" need fear the suffering
and danger incident to birth; for it robs the ordeal of its horror
aud insures safety to life of mother and child, and leaves her in
a condition more favorable to speedy recovery. The child is
also healthy, strong aud
gooduatured. Our book lfa B UEIIS
"Motherhood." is worth Will I ffirirl A
its weierht in gold to every
woman, and will be sent free in plain
envelope by addressing application to
Brdd field Regulator Co. Atlanta, Ga.
llustrlous tribunal, and when that de
Iverance conies ho can, from the high and
exalted position that ho occupies, look
down upon his traducers and mallgners
nnd with exultant pride exclaim 'I caro
not for the venomous gossip of clubs and
drawing rooms aud cliques and cabals and
tho poisoned shafts of envy and of malice,
I await, under tho guidance of Divine Provi
dence, the verdict of posterity.' "
Mr. Rayner closed nt 3.30 o'clock, haWng
spoken about three hours.
The court then adjourned until 3 p. m.
tomorrow, when Captain Lemly will deliver
tho closing argument for the government.
SAMPSON ASKS AN ERASURE
III Iteprcsentnll e ('nils on Court In
KxpmiKC Silile' Counsel's Cn
faornlitc Itcfrrrucc.
WASHINGTON. Nov. 6.-E. S. Thcatl.
acting on behalf of Staytou & Campbell,
who w-ro retained by Admiral Sampson to
look nftur tho latter's Interest before the
court of Inquiry, today sent n letter to tho
court of Inquiry protesting against tho In
clusion in tho record of certain statements
deemed to reflect upon Admiral Sampson's
conduct at Santiago, Tho letter Is ad
dressed to Admiral Dewey as presldont of
the court and Is as follows:
"While fully cognliant of and abiding by
the decision of the court that Rear Admiral
W. T. Sampson, t'nlted Stutes navy, Is 'not
a party interested, I havo the honor tn
mako the following request on behalf of
tho admiral:
"Arguments by counsel being matters of
record In the case and receiving wido circu
lation with the public. It is respectfully
submitted that argument by counsel upon
matters regarding auy official acts of Ad
miral Sampson which he has not been per
mitted to defend, and which tho court by
an. expressed ruling has excluded from tho
evidence in tho case. Is eminently Impropor,
and It Is respectfully requested that the
statement mado by counsel for Admiral
Schley In nrgumcnt yesterday at the closo
of tho afternoon session to the effect that
Admiral Sampton permitted the Spanish
cruiser Colon to Ho In sight without attack
ing tho harbor of Santiago, Cuba, from tin
time of his Brrlvnl on Juno 1, 1S9S, to about
10:35 a. m. of that day, bo either stricken
from tho record In the enso or evldenco bo
Introduced by which Admiral Sampson may
be permitted to defend such a grave accusa
tion involving his honor as a naval officer.
"It Is further most earnestly and most
respectfully requested that counsel In the
future bo restricted to the evidence ad
duced ns regards tho official acts
of Admiral Sampson nnd not bo per
mitted to Include those matters expressly
ruled out by tho court nnd which the ad
miral has not been permitted to defend,
nor to Introduce accusations against tho
admiral In the record by Indirect means,
which were deemed Improper by tho court
by direct means."
The Food-Drink
Malt-Nittrlne In especially beneficial to
thin-blooded people. It gives life, purity
and richness to the blood energizes tho
entire system. . Prepared only by thn An-hcuser-Ilusch
Brewing Ass'n, St. Louis, V,
S. A.
FOR THE LAMBS0F WYOMING
i:prrlmrnl Station There Tests Hrl
nllio Merit of Alfnlrn mid Wild
liny H Food.
BELLE FOURCHE. S. D., Nov. 6. (Spe
cial.) Tho experiments that have been con
ducted nt the experiment station of Wyom
ing In sheep raising have been watched with
unusual Interest, by sheep, growers of tuu
Black Hill's. The conditions are practically
the samo for both states. Tho experiments
were mado primnrlly for tho purpose of
seeing whnt groyth can bo made by lambs
on the prnlrle haywith corn as' feed. Two
separato experiments were made, ono using
alfalfa and corn for food and the other wild
hay and corn, a comparison being made. It
was fdund that the lambs fed upon tho al
falfa and corn mnde more flesh, but It was
also ascertained thnt tho wild bay nnd corn
put on sufficient llesh to make money on
market feeding.
Tho sheep were turned out on tho range
and are given only the crudest kind of
shelter In order that tho conditions might
bo as nearly like the range as possible. It
has not been tho custom generally for
sheepmen of the Hills to feed either wild or
tame hay during the winter unless the
weather Is cold or stormy, but the expcrl
ments of Wyoming may change this some
what. Instead of tho sheepmen sending
their young stock east for fattening pur
poses they can hereafter put up enough
wild hay or alfalfa and can ship In corn
which will more than pay when fed out as
a supplement to the range feed. Tho sheep
Industry In the Black Hills Is rapidly gall
ing, standing next to I ho cattle business
now.
Troon 11 I.PNrn Fort Menile.
FORT MEADE. S. D., Nov. 6. (Special.)
This morning Troop H of tho First United
States cavalry started overland for Fort
Keogh, Mont., whero It will bo permanently
stationed hereafter. This leaves but ono
squadron of tho Thirteenth cavalry at this
post. Troop II Is In commandiot Llcutcn
nnt A. I. Chapman.
Snle Under Scm eiiwer Tnx I.nrv.
PIERRE, S. IJ Nov. 6. (Special Tele
gram.) Tho salo of property under th
scavenger tax law was begun hero today,
Buyers nro numerous, but there. Is not
much competition, property going at the
minimum of 30 per cent of tho taxes. The
snle will continue for several, days.
Snow mil! Cold Wave nt Huron.
HURON. S. I)., Nov. 6. (Special Telo-
gram.) The rain this morning turned to
snow, which has been falling almost In
cessnntly nil afternoon. It Is the first snow
ot tho season. The weather Is colder to
night.
deep Snow III Pierre,
PIERRE, S. D Nov. 6. (Special Tolo
gram.) A driving snowstorm prevails hero
today and Indications are for a fall of sev
eral Inches.
No menu Is complete without Cook's Im
perial Extra Dry Champagno In it. If not
on ask for It.
And many other painful and serious
ailments from which most mothers
suffer, can be avoided by the ise of
"Mothirs Friend. This great remedy
is a God-send to women, carrying
them through their most critical
ordeal with safety and no pain.
FRIEND
DO NOT NEGLECT
YOUR KIDNEYS
' v.
Because if Kidney Trouble is Permitted to Con
tinue fatal Results
Thousands Have kidney Trouble and Never Suspect It.
To Prove whnt Swamp-Root, the Great Kidney Rem
edy, will do for YOU, every render of the "Bee"
May Hnve n Sample Bottle Sent Free by Mail.
YVcnk nnd unhealthy kidneys arc responsible for more sickness und
siifTcrinK than uny other disease, therefore, when through neglect or
other causes, kidney trouble is permitted to continue, fatal results are
sure to follow.
It used to be considered that only
to be traced to the kidneys, but now
ill diseases have their beginning lu
ant organs.
Your other organs may nocd attention hut your kidneys most, he-
cnuso they do most aud need attention first.
If you are sick or "feel badly,"
Root, the great kidney, liver and
your kidneys are well they will help all the other organs to health.
A trial will convince anyone.
Thn mlhl and Immediate effect of Dr.
Kilmer's Swft nin-Koot. the Ereat kidney
nnA hladder ren edv. Is soon realized, It
stands tho highest for Its wonderful cures
of tho moot distressing cases. Swamp-
Root will set your wholo system rlKM,
and tho best proof of this Is a trial.
14 West H7tli St.. New York City.
Dear Sir: Oct. IBtli, 1W.
'I had ueen suneriiiR severely irom
kidney trouble. All symptoms wen; on
hnnd: my former strength nnd power had
left me; I eotild hardly drag mysulf ulonK.
Even my mental capacity was kIvIhb out.
and oftui. I wished to die. It was then I
saw nn advertisement of yours In n Now
York naper. but would not lmvo paid nny
attention to It. had It not promised u
sworn KUariinlce with every buttle or
vour. medicine. ussertliiK that your
Hwnmp-Hoot Is purely voBetnble, und does
not contain nny harmful driiKS, I urn
seventy years und four months old. and
with a Bood conscience I can recommend
Swnmp-Hoot to all sufferers from kldnuy
troubles. Knur members of my family
lmvo Ik en iisIiib Swamp-Hoot for four dif
ferent kidney diseases, with tho same
Kood results.1'
With many thnnkr to you. I remnln,
Very truly yours.
IlOhintT HliUNKIt.
Ynn mnv tnivn a samnln bntlln of this
famous kidney remedy. Hwamp-Hoot, sent
freo by mall, postpaid, by which you may
est lis virtues lor sum uisoriiurs ns Kinney,
ilndilor nnd uric; ncld dlseasnM. noor diges
tion, when obliged to pass your water fre
HA HAND SAW IS A GOOD THING, BUT NOT TO
SHAVE WITH."
SAPOLIO
IS THE PROPER THING FOR HOUSE-CLEANING.
FIRE SALE STILL ON
One More Week of Exceptional Bargains.
Vehicles, Bicycles, Wagons, Automobiles,
Going at Cost and Less.
1125 Light Tlmpkln Top Iluggy IR3.00
$100 Light Tlmpkln Top Iluggy r $60,00
$125 Tlmpkln Mountain 1 1-8 Buggy $75.00
$70 Fish Urns, 3 1-4 Wagons $."il, 00
$G5,00 Klsh Dree. Delivery Wagons t$45.00
$110 McFnrland Surreys Jfi.1.00
$125 Englnr I'haeton iTH.OO
$100 Tlmpkln Stnnropes ....$70.00
$50 Orient Illcycles $32.00
$50 World Dlcycles $20.00
Theso are only a few samplo bargains selected at random tho storn Is
full of bargains, Sundries at reduced prices.
Graphophones and Records.
A carload of nraphophones, Rocords and Supplies at prices ranging from $5
to $150. Theso goods were received slnco tho flro, Kvery Instrument nnd record
Is guaranteed to bo absolutely perfect. Como In and hear our dally concert,
all day und evening.
Jan. 1st we move into the old Bennett Building.
H. E. FREDRICKSON
I5TH AND DODCE STS., OMAHA.
HOWELL S
Kawf and whenever vour
Iclined to cough, take a small dose and hold it in your.
mouth a bit before you swallow. It
cold and stop tho cough. 25 cents a
are Sure to Follow.
urinary and bladder troubles were
modern science proves that nearly
the disorder of these most import
hegin taking- Dr. Kilmer's Swalnp-
bladder remedy, because as soon us
quently night and day, smarting or Irrita
tion In passing, brick-dust or sediment lu
the urine, hendnche, hacltnrhe. lame b.icli,
dizziness, slecplessntss, nervousness, heart
disturbance due to bad kidney trouble, skin
eruptions from bad blood, neurnlKla, ill urn
atlsm, diabetes, bloatltiR, Irritability, wurn
out fueling, lack of ambition, loss of llesh
sallow complexion, or llrlhfs dlseii'e.
If your wutor when allowed to remain
undisturbed In a glass or bottle for twenty,
four hours, forma n sediment or sottlliu',
or has n cloudy nppearatire, It li evldeiipa
that your kidneys aud bladder need Ini.
mediate attention.
If you have tho slightest symptoms ot
kidney or bladder trouble, or If thero h n
trace of It In our fninlly hlntory, nind nt
onco to Dr. Kilmer & Co., Illnchiimtnn, N
Y., who will gladly send you by mall, lm
mediately, without cost to you, n siimplo
bottlo of Swnmp-ltool and a book contain
ing many of tho thousands upon thousnuds
of testimonial letters received fiom men
nnd women cured, lie Mini to say that you
rend this generous offer In tho Omaha
.Morning life.
Swamp-Hoot Is plensnnl to take nnd Is
for sale tho world over :it druggists In but.
tics of two sizes and two prices llfty cents
nnd iinu dollar. Hnmembor tho nnme.
Swamp-Hoot, and tho aildrcss, ninghiimlnu,
N. Y.
Takes nu second placo an n
cough ouro. II makes no
promise that it cannot ful-
HI. If you have a cold or
coutrh. uot a bottle of Anti-
throat is pore or von are in-
will heal the mucous membrane, euro tho
bottle.